Mike Rosen Radio Show on Behavioral Economics
I’m scheduled to be on the Mike Rosen show (Denver-based 850 KOA am) in a few minutes to discuss behavioral economics and the new paternalism. If you are not in the Denver area, I think you can listen online here.
More Details on the OFT's Botched Prosecution of British Airways
Here (HT: Danny Sokol). The post by Andreas Stephan implies that the OFT’s mistakes in the BA prosecution threaten to undermine the effectiveness of cartel enforcement in the UK generally and predicts that the OFT will not bring more criminal prosecutions in the near future. Stephan also provides some more detail on what apparently went ... More Details on the OFT's Botched Prosecution of British Airways
Some Links
Facebook hires recent Kirkpatrick Award winner Tim Muris to manage their antitrust and consumer protection business at the Federal Trade Commission (or did they?) My colleague Neomi Rao in the WSJ on the Kagan nomination The UK British Airways price-fixing trial implodes after the OFT didn’t turn over evidence (Businessweek) The FTC has, to its ... Some Links
Timothy Muris Wins FTC's Kirkpatrick Award
Congratulations to Former Chairman and current George Mason Professor Muris for taking home the Federal Trade Commission’s prestigious Miles W. Kirkpatrick Award for Lifetime FTC Achievement. As Chairman Leibowitz notes in the press release, “Tim Muris provided inspired service to the Federal Trade Commission and to the American public. He understood the value of combining ... Timothy Muris Wins FTC's Kirkpatrick Award
Section 5, Collateral Consequences, and Counting Unicorns
Judge Frank Easterbrook once opined that observing predatory pricing was a bit like seeing a unicorn — in the sense that it was a phenomena around which there was much lore but not much empirical evidence. The debate over the current expansion of Section 5 liability increasingly has become about the search for a different ... Section 5, Collateral Consequences, and Counting Unicorns
A Follow Up on the Cato Unbound Conversation on New Paternalism
Two weeks ago I highlighted the promising looking Cato Unbound forum on the new paternalism kicked off by Glen Whitman, with follow up posts and responses from the King (or co-King along with Cass Sunstein) of Nudge, Richard Thaler, along with Jonathan Klick and Shane Frederick. I was really excited about the forum, because I ... A Follow Up on the Cato Unbound Conversation on New Paternalism
Market Definition and Margins in the New Guidelines
I’m still working through the 2010 Horizontal Merger Guidelines, and like Dan, I find myself puzzling over some of the revisions, and in favor of others. I wanted to start with some first impressions. The big movement here, is that the new HMGs repudiate the market definition requirement in the new Section 4 and in ... Market Definition and Margins in the New Guidelines
Harvard Law Review Smacks Around FTC Blogging Rules
See here (HT: Overlawyered): Recently, the Federal Trade Commission (FTC) revised their Endorsement and Testimonial Guides (Guides) to cover “consumer generated media” such as blogs and other internet media forms.1 In the interest of providing consumers with full disclosure, the Guides require bloggers to disclose any “material connection[s]” they have with producers of any products ... Harvard Law Review Smacks Around FTC Blogging Rules
Proposed Merger Guidelines Released
The FTC/ DOJ have released the new proposed horizontal merger guidelines. The public comment period with the Commission ends May 20th. There is a lot to evaluate here. On a quick read through, here are a few of my noted as either changes or interesting as I went through: “Market definition is not an end ... Proposed Merger Guidelines Released
In Defense of Twombly/ Iqbal
See here (Drug & Device Law Blog). There is a ton there, including a discussion of the cases and secondary literature criticizing Twombly/ Iqbal. Here’s a taste: On the question of Twombly/Iqbal, we’re litigators, not professors, so we don’t have the time or inclination to create fancy theoretical constructs such as “plaintiff neutrality principles.” Effron ... In Defense of Twombly/ Iqbal
TOTM Descends on Minnesota
Several TOTM bloggers will be at the Minnesota Conservative and Libertarian Legal Colloquim this Friday at the University of Minnesota Law School. JW Verret and I will definitely be there, and word on the street is that co-blogger Todd Henderson might also make an appearance. The rest of the lineup is great, including (at least) ... TOTM Descends on Minnesota
